Surendra Biswal @ vs State Of Odisha
2023 Latest Caselaw 11505 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.845 of 2023

              Surendra Biswal @                ....     Appellant/
              Bideshi Biswal                          Petitioner

                                 Mr. U.R. Jena, Advocate

                                    -versus-

              State of Odisha                  ....   Respondent/
                                                    Opp. Party

                                 Mr. Manoranjan Mishra
                                 Addl. Standing Counsel
                                  CORAM:
                             JUSTICE S.K. SAHOO
                                   ORDER

Order No. 21.09.2023 I.A. No.1795 of 2023

01. This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

This is an application for condonation of delay. The Stamp Reporter has pointed out that there is a delay of eight days in preferring the appeal.

After going through the averments taken in the interim application and on hearing the learned counsel for both the parties, since it is a case where substantive sentence of three years has been imposed on the petitioner, I am inclined to condone the delay in filing the CRLA.

Accordingly, delay is condoned.

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I.A. is accordingly disposed of.

( S.K. Sahoo) Judge

CRLA No.845 of 2023

02. Heard.

Admit.

Call for the trial Court records. Put up this matter immediately after receipt of the trial Court records.

( S.K. Sahoo) Judge

I.A. No.1797 of 2023

03. This is an application for grant of bail under section 389 Cr.P.C.

Heard.

The appellant-petitioner has been convicted for the offences punishable under sections 325/323/341/294/ 506(1) of the Indian Penal Code and sentenced to undergo R.I. for a period of three years and to pay a fine of Rs.2,000/-(rupees two thousand), in default, to undergo S.I. for a further period of one month for the offence under section 325 of Indian Penal Code, to pay a fine of Rs.1,000/- (rupees one thousand), in default, to undergo S.I. for a period of twenty days for the offence under section 294 of the Indian Penal Code, to pay a fine of Rs.500/- (rupees five thousand), in default, to

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undergo S.I. for a period of seven days for the offence under section 341 of the Indian Penal Code and to sentenced to pay a fine of Rs.2,000/- (rupees two thousand), in default, to undergo S.I. for a period of two months for the offence under section 506(1) of the Indian Penal Code and no separate sentence has been awarded for the offence under section 323 of the Indian Penal code as the petitioner has already been sentenced for the offence under section 325 of the I.P.C., which is higher offence to section 323 of the Indian Penal Code and all the substantive sentences were directed to run consecutively by the learned Sessions Judge, Balangir in S.C. Case No.38 of 2017.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and has never misutilized the liberty granted to him and there is no chance of early hearing of the appeal in the near future and balance of convenience is in his favour and therefore, the bail application may be favourably considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, the fact that the petitioner was on bail during trial and there is no material that he has misutilized the liberty while on bail and absence of any

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chance of early hearing of the appeal in the near future, I am inclined to release the petitioner on bail.

Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned trial Court with such terms and conditions as the learned Court may deem just and proper.

The I.A. is disposed of.

( S.K. Sahoo) Judge I.A. No.1796 of 2023

04. This is an application for stay of realization of fine.

Heard.

There shall be stay of realization of fine amount imposed on the appellant-petitioner pursuant to the judgment and order dated 24th May 2023 passed by the learned Sessions Judge, Balangir in S.C. Case No.38 of 2017 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge

sipun

Signature Not Verified Digitally Signed

Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 22-Sep-2023 18:30:36